Regulation 5 Making of Recommendations
In any case where the Subsidence Adviser has completed the investigation of a complaint in accordance with regulation 4 he shall—
determine whether, on the basis of the information available to him, he is of the opinion that the responsible person against whom the complaint is made has engaged in conduct of a kind described in regulation 4(2); and
notify the complainant and the responsible person of his decision and the reasons for it.
Subject to paragraph (3) below, if the Subsidence Adviser determines that, on the basis of the information available to him, he is of the opinion described in paragraph (1) above he may, if he thinks fit, make a recommendation to the responsible person as to the manner in which that person ought, in the opinion of the Subsidence Adviser, to conduct himself in relation to the matter the subject of the complaint.
Before making a recommendation under paragraph (2) above, the Subsidence Adviser shall notify the responsible person of his intention to make it and shall allow the responsible person a reasonable opportunity to make representations to him.
Where the Subsidence Adviser makes a recommendation under paragraph (2) above he shall send a copy of the recommendation to the complainant, the responsible person against whom the complaint is made and the Coal Authority.